R v Hoffman; ex parte: A-G

(1997) 98 A Crim R 177; [1997] QCA 377

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Attorney-General's appeal against sentence
4. › Dangerous driving causing grievous bodily harm
5. › Adversely affected by alcohol
6. › Whether sentence manifestly inadequate
7. › Whether sentencing judge erred in principle
8. › Criminal Code (Qld), s 328A(1), (4)
9. › Penalties and Sentences Act 1992 (Qld), ss 9(2), 9(4), 112, 113
1. Criminal Law
2. › Sentence
3. › Factors in sentencing
4. › Gravity of injury to victim
5. › Whether extent of grievous bodily harm relevant to sentence
6. › Complainant's complicity in offence
7. › Youth of offender
8. › Care of victim by offender
9. › Penalties and Sentences Act 1992 (Qld), s 9(2)(c), (e)
1. Criminal Law
2. › Sentence
3. › Intensive correction orders
4. › Whether intensive correction order constitutes 'a sentence of imprisonment' within s 9(4) of the Penalties and Sentences Act 1992 (Qld)
5. › Penalties and Sentences Act 1992 (Qld), ss 9(4), 112, 113
1. Criminal Law
2. › Sentence
3. › Attorney-General's appeal
4. › Principles governing appellate intervention
5. › Reluctance to imprison respondent released into community at first instance
6. › Criminal Code (Qld), s 669A(1)

Quick Take

An intensive correction order under s 112 of the Penalties and Sentences Act 1992 (Qld) is a 'sentence of imprisonment' within s 9(4), requiring the court to be satisfied that no other sentence is appropriate before imposing it on a first offender under 25. The victim's complicity in initiating and maintaining the dangerous conduct, the offender's youth and clean record, and the offender's ongoing care for the victim are capable of justifying a non-custodial outcome even for very serious dangerous driving causing grievous bodily harm with alcohol.